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The Chief of Police shall issue an escort service permit within 14 days following the hearing if all requirements for an escort service described in this Article are met unless he finds:
(1) That the premises where the escort service business will be conducted does not comply with all applicable laws, including, but not limited to, the Building, City Planning, Housing and Fire Codes of the City and County of San Francisco, and the rules and regulations adopted by the Chief of Police pursuant to this Article;
(2) That the applicant or an officer, director or partner thereof and any other person who will be directly engaged in the management and operation of an escort service has been convicted of an offense within or without the State of California that would have constituted any of the following offenses if committed within the State of California:
(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;
(b) An offense involving the use of force and violence upon the person of another:
(c) An offense involving sexual misconduct with children; or
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318, or 266 through 267 inclusive of the Penal Code of the State of California; or
(3) That the applicant, an officer, director or partner thereof or any other person who will be directly engaged in the management and operation of the escort service has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco or a license or permit issued by the Alcohol Beverage Control Commission revoked by the granting authority.
The Chief of Police shall issue a permit to any person convicted of any of the crimes described in Subsections (2)(a), (2)(b), (2)(c), or (2)(d) of this Section or subjected to a license or permit revocation as described in Subsection (3) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant, its officers, directors and partners have had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no permit or license revocations as mentioned in Subsection (3) of this Section.
(Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)
Whenever any application is filed for a permit under this Article and said application has been denied by the Chief of Police, or a permit issued under this Article has been revoked, and no appeal has been taken to the Board of Permit Appeals or when any appeal from such denial or revocation has been taken to the Board of Permit Appeals and said Board has concurred in the judgment or order of denial or revocation, said application for said permit, or for a like permit for the same location or by the same applicant shall not be heard by the Chief of Police until the expiration of one year from the date of the previous denial or revocation of said permit or application and there shall be no appeal to said Board of Permit Appeals for failure or refusal to hear any such application or appeal within said one year period. For the purposes of this Section, "same applicant" shall mean a corporation having substantially the same shareholders as a prior corporate applicant, or a partnership having substantially the same membership as a prior partnership applicant; furthermore, "same applicant" shall mean any officer, director, shareholder or partner of a prior corporate or partnership applicant; provided, that when any permit is denied by reason of definite existing conditions which prevent the granting of said permit, and said conditions are removed or remedied, the one year's prohibition against reapplication will not apply.
(Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)
The Chief of Police shall issue an employee permit within 14 days following a hearing unless he finds that the applicant has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco or a permit or license granted by the Alcoholic Beverage Control Commission revoked by the granting authority or that the applicant has been convicted of any of the following offenses, or convicted of an offense within or without the State which would have constituted any of the following offenses if committed within the State of California:
(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;
(b) An offense involving the use of force and violence on the person of another;
(c) An offense involving sexual misconduct with children; or
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267, inclusive, of the Penal Code of the State of California.
The Chief of Police shall issue a permit to any person subjected to a revocation as described in this Section or to any person convicted of any of the crimes enumerated in Subsections (a), (b), (c) or (d) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no subsequent permit revocation mentioned in this Section.
(Added by Ord. 323-81, App. 6/19/81)
Any permit issued for an escort service or employee may be revoked or suspended by the Chief of Police after a hearing, in any case where any of the provisions of this Article or local or State law are violated or where any employee of the permittee has engaged in any conduct which violates any of the State or local laws or ordinances at permittee's place of business, or in any case where the permittee or licensee refuses to permit any duly authorized police officer of the City and County of San Francisco to inspect the premises or the operations therein or when any of the rules or regulations adopted by the Chief of Police pursuant to this Article are violated.
(Added by Ord. 323-81, App. 6/19/81)
Upon sale, transfer or relocation of an escort service, the permit and license therefor shall be null and void unless approved as provided in Section 1074.25 herein; provided, however, that upon the death or incapacity of the permittee, the escort service may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.
If the permittee is a corporation, a transfer of 25 percent of the stock ownership of the permittee will be deemed to be a sale or transfer and the permit and license therefor shall be null and void unless approved as provided in Section 1074.25 herein; provided, however, that the provision shall not apply to a permittee corporation, the stock of which is listed on a stock exchange in this State or in the City of New York, State of New York, or which is required by law to file periodic reports with the Security and Exchange Commission.
(Added by Ord. 323-81, App. 6/19/81)
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